Tarrant Regional Water District v. Richard Johnson and Sharkara Johnson, Individually and as Personal Representatives of the Estate of Brandy Johnson ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00043-CV
Tarrant Regional Water District § From the 48th District Court
§ of Tarrant County (048-274121-14)
v.
§ December 30, 2016
§ Opinion by Chief Justice Livingston
Richard Johnson and Sharkara
Johnson, Individually and as
Personal Representatives of the § Concurrence and Dissent by Justice
Estate of Brandy Johnson Sudderth
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s order. The trial court’s order denying
the plea to the jurisdiction of appellant Tarrant Regional Water District is affirmed
in part and reversed in part. We affirm that portion of the trial court’s order
denying the plea to the jurisdiction on appellees Richard and Sharkara Johnsons’
claims alleging that a scour hole and resulting undertow or boil effect are a
premises defect. We reverse that portion of the trial court’s order denying
appellant’s plea to the jurisdiction on the remainder of the Johnsons’ pleaded
claims and render judgment dismissing those claims.
It is further ordered that appellant and appellees shall each pay one-half of
the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Terrie Livingston
Chief Justice Terrie Livingston